Suit against Berkeley County Planning Commission dropped

January 04, 2008

MARTINSBURG, W.Va.- An order dismissing civil action filed against the Berkeley County Planning Commission by a developer was signed by 23rd Judicial Circuit Judge Christopher C. Wilkes on Wednesday, according to court records.

Attorney Kathy M. Santa Barbara confirmed she requested the lawsuit be dismissed on behalf of Apple Knolls LLC after the Planning Commission voted Dec. 17 to allow the company to complete work on its Apple Knolls Estates residential development.

The developer had been criticized by property owners for leaving the residential project vulnerable to storm water problems because the infrastructure-related work was not done at the development site off Dry Run Road, west of Interstate 81. In October, the Planning Commission voted to "pull" bonds meant to guarantee the work was completed, but the developer's attorney claimed in a civil complaint that the commission acted improperly.

Last month, the Planning Commission voted to approve a request for reconsideration contingent upon weekly site inspections by the county engineer, who is charged with monitoring the project and reported on at every Planning Commission meeting over a 60-day period, according to planning commission records.